Power of attorney in Spain for non-residents

A general one covers many acts; a specific one, a single act.

According to Spain's General Council of Notaries, a general power gives authority to act in all or some areas in general terms, while a specific power authorises your attorney-in-fact for one concrete act, such as buying an asset, accepting an inheritance or making a transfer. For a single matter a specific power is usually enough; we decide with you depending on what you need it for.

Yes: at a Spanish consulate or before a notary in your country.

The Council of Notaries puts it this way: you can grant the power at a Spanish notary, at the Spanish consulate or before a foreign notary. If you sign before a foreign notary, the power must carry the Hague apostille or be legalised, and if it is not in Spanish you will also need a sworn translation. A power signed at the consulate is a Spanish document and needs no apostille.

Your photo ID and your personal details.

The Notarial Regulation (art. 156) requires the deed to state the full name, age, marital status and address of the person granting the power, and the Notaries Act (art. 23) allows you to be identified with an official photo ID such as your passport. Your NIE is recorded when the power has tax relevance, for example when it is used to buy or sell property. Your occupation is only included if you ask, if the notary finds it advisable or if a law requires it.

No.

A power of attorney is a unilateral act: the Council of Notaries notes that you grant another person authority to represent you without them being present before the notary. To act on your behalf, your attorney-in-fact will show the authorised copy of the power that you hand over.

Spanish law sets no general expiry date.

The Civil Code (art. 1732) lists when a mandate ends: on revocation, on the attorney's resignation, on the death or insolvency of either party and in certain cases involving support measures. If you want the power to cover a single act only, we draft it as a specific power.

Yes, at any time.

According to the Council of Notaries, whoever grants a power can cancel or revoke it at any time before any notary in Spain, and the Civil Code (art. 1733) lets them ask the attorney-in-fact to return the document. It is wise to also tell whoever was going to rely on the power, such as the bank, so they stop accepting it.

For the ACCV yes, with a specific clause; for the FNMT, no.

The ACCV (Valencian regional government) states that another person can go on your behalf if they bring a notarial power of attorney, or a specific clause in one, that expressly authorises them to obtain the digital certificate in your name. That is why we recommend including that clause in powers for tax matters. The FNMT, by contrast, requires your signature on the contract to be notarised beforehand: a power of attorney is not valid for its certificate. The ACCV's model clause is valid for 3 months from the signing of the power, so it is best to grant it when you are about to apply for the certificate.

It follows the official notarial fee scale and is paid separately.

Notary fees are governed by the notarial fee scale approved by Royal Decree 1426/1989 and are not included in our price. The amount depends on the type of power and its length: the fee scale sets it and the notary confirms it before the signing. The apostille and the sworn translation, if needed, are also extra.